Hurd v. National Association of Letter Carriers et al
| Susanne R. Hurd |
| Richard Byrne, National Association of Letter Carriers, NALC Branch 324 and Fredric V. Rolando |
| 8:2019cv00209 |
| May 10, 2019 |
| US District Court for the District of Nebraska |
| Susan M Bazis |
| Laurie Smith Camp |
| Robert F Rossiter |
| Cheryl R Zwart |
| Labor: Other |
| 39 U.S.C. § 409 |
| None |
Docket Report
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Filing 31
MEMORANDUM AND ORDER that the #26 Motion to Dismiss for Failure to State a Claim is denied to the extent it requests dismissal of Plaintiff Susanne Hurd's claim under 29 U.S.C. 411(a)(5). The Motion is otherwise granted; and Defendant National Association of Letter Carriers must respond to the Amended Complaint on or before July 19, 2019. Ordered by Senior Judge Laurie Smith Camp. (ADB)
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| Filing 30 SUPPLEMENTAL PLEADINGS on behalf of Plaintiff Susanne R. Hurd.(Hurd, Susanne) Modified on 6/25/2019 (LRH). |
| Filing 29 REPLY regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #26 by Attorney Michael J. Stapp on behalf of Defendants Richard Byrne, NALC Branch 324, National Association of Letter Carriers, Fredric V. Rolando.(Stapp, Michael) |
| Filing 28 NOTICE of Correction of Amend Complaint regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #26 , Brief, #27 on behalf of Plaintiff Susanne R. Hurd.(Hurd, Susanne) Modified on 6/25/2019 (LRH). Modified on 6/25/2019 (LRH). |
| Filing 27 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #26 by Attorney Michael J. Stapp on behalf of Defendants Richard Byrne, NALC Branch 324, National Association of Letter Carriers, Fredric V. Rolando.(Stapp, Michael) |
| Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Michael J. Stapp on behalf of Defendants Richard Byrne, NALC Branch 324, National Association of Letter Carriers, Fredric V. Rolando.(Stapp, Michael) |
| Filing 25 AMENDED COMPLAINT on behalf of Plaintiff Susanne R. Hurd.(Hurd, Susanne) Modified on 6/11/2019 (LRH). |
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Filing 24
MEMORANDUM AND ORDER - The Motion to Dismiss, ECF No. #10 , filed by Defendants National Association of Letter Carriers (NALC), NALC Branch 324, Fredric Rolando, and Richard Byrne, is granted. Defendants NALC Branch 324, Fredric Rolando, and Richard Byrne are dismissed from this action. Plaintiff Susanne Hurd's claim against Defendant NALC for breach of the duty of fair representation is dismissed, with prejudice. All other claims by Plaintiff Susanne Hurd against Defendant NALC are dismissed, without prejudice. Plaintiff Susanne Hurd may file an amended complaint on or before June 24, 2019. Ordered by Senior Judge Laurie Smith Camp. (KLF)
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Filing 23
TEXT ORDER denying #21 Motion to Stay. Plaintiff has cited no grounds warranting a stay of this action. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 22 RESPONSE TO MOTION TO DISMISS #10 on behalf of Plaintiff Susanne R. Hurd.(Hurd, Susanne) Modified on 6/3/2019 (LRH). |
| Filing 21 MOTION to Stay on behalf of Plaintiff Susanne R. Hurd.(Hurd, Susanne) |
| Filing 20 PRO SE REQUEST TO FILE ELECTRONICALLY as to Plaintiff Susanne R. Hurd. (JLS) |
| Remark - Public: CM/ECF NextGen e-filing request from pro se plaintiff Susanne Hurd (Susanne Becker) received on 5/31/19 and access granted on 5/31/19. (JLS) |
| Remark - Public: An alias of Susanne Becker was added to Plaintiff Susanne R. Hurd because Susanne Hurd registered for electronic filing under the name of Susanne Becker. (JLS) |
| Filing 19 REPLY regarding Brief #14 Defendants' Reply to Plaintiff's Opposition to Motion to Dismiss by Attorney Michael J. Stapp on behalf of Defendants Richard Byrne, NALC Branch 324, National Association of Letter Carriers, Fredric V. Rolando.(Stapp, Michael) |
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Filing 18
TEXT ORDER denying #15 Motion for Joinder. Plaintiff's motion is denied without prejudice to reassertion following a ruling on the Motion to Dismiss #10 . Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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Filing 17
TEXT ORDER denying #13 Motion for Joinder. Plaintiff's motion is denied without prejudice to reassertion following a ruling on the Motion to Dismiss #10 . Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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Filing 16
REASSIGNMENT ORDER - that this case is reassigned to Senior District Judge Laurie Smith Camp for disposition and to Magistrate Judge Susan M. Bazis for judicial supervision. Ordered by Chief Judge John M. Gerrard. (Copy mailed to pro se party) (KLF)
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| Filing 15 MOTION for Joinder on behalf of Plaintiff Susanne R. Hurd. (KLF) |
| Filing 14 Opposition to the MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #10 on behalf of Plaintiff Susanne R. Hurd. (KLF) Modified on 5/23/2019 to include 1 exact copy received (KLF). |
| Filing 13 MOTION for Joiner filed by Plaintiff Susanne R. Hurd. (KLF) |
| Filing 12 INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #10 Index of Exhibits by Attorney Michael J. Stapp on behalf of Defendants Richard Byrne, NALC Branch 324, National Association of Letter Carriers, Fredric V. Rolando. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Stapp, Michael) |
| Filing 11 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #10 Memorandum of Law in Support of Motion to Dismiss by Attorney Michael J. Stapp on behalf of Defendants Richard Byrne, NALC Branch 324, National Association of Letter Carriers, Fredric V. Rolando.(Stapp, Michael) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Michael J. Stapp on behalf of Defendants Richard Byrne, NALC Branch 324, National Association of Letter Carriers, Fredric V. Rolando.(Stapp, Michael) |
| Filing 9 TEXT ORDER granting Motion for Admission Pro Hac Vice #7 for attorney Peter DeChiara. Ordered by Deputy Clerk. (JLS) |
| Filing 8 TEXT ORDER granting Motion for Admission Pro Hac Vice #6 for attorney Marie Hahn. Ordered by Deputy Clerk. (JLS) |
| Filing 7 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-3938976 by Attorney Peter D. DeChiara on behalf of Defendants Richard Byrne, NALC Branch 324, National Association of Letter Carriers, Fredric V. Rolando.(DeChiara, Peter) |
| Filing 6 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-3938643 by Attorney Marie B. Hahn on behalf of Defendants Richard Byrne, NALC Branch 324, National Association of Letter Carriers, Fredric V. Rolando.(Hahn, Marie) |
| Filing 5 NOTICE of to Plaintiff of Removal of Case by Attorney Michael J. Stapp on behalf of Defendants Richard Byrne, NALC Branch 324, National Association of Letter Carriers, Fredric V. Rolando (Attachments: #1 Exhibit Notice of Removal)(Stapp, Michael) |
| Filing 4 ATTORNEY LETTER by Clerk that Attorney Peter D. DeChiara has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO) |
| Filing 3 ATTORNEY LETTER by Clerk that Attorney Marie B. Hahn has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO) |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Judge Robert F. Rossiter, Jr. and Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LKO) |
| Filing 1 NOTICE OF REMOVAL with jury demand against Susanne R. Hurd from District Court of Scottsbluff, Nebraska, Case number CI-19-229 ( Filing fee $ 400, receipt number CNEDC-3936157) with attached state court pleadings, by Attorney Michael J. Stapp on behalf of NALC Branch 324, Fredric V. Rolando, National Association of Letter Carriers, Richard Byrne (Attachments: #1 Exhibit A - Complaint)(Stapp, Michael) |
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